Saran @ Sarankumar v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.03.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Saran @ Sarankumar ... Petitioner(s) /Accused Vs.
The Inspector of Police, Vaniyambadi Taluk Police Station, Vaniyambadi, Tirupattur (District) ... Respondent(s)/ Complainant Crime No.70 of 2025 Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of the arrest by the respondent police in Crime No.70 of 2025 on the file of the Inspector of Police, Vaniyambadi Taluk Police Station, Vaniyambadi, Tirupattur District.
For petitioner(s) : Mr.S.Pachaiyappan For Respondent(s) : Mr.S.Santhosh, Government Advocate (Crl.Side) Page No.1 of 6
O R D E R
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 6(a) and 24(1) of the COTPA Act, 2003 and Section 123 of BNS, 2023, in Crime No.70 of 2025, seeks anticipatory bail.
2. The case of the prosecution is that, the petitioner was found in possession of 309 grams of banned tobacco products.
3. Learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case and prayed for anticipatory bail for the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing for grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions submitted that the petitioner has no bad antecedents.
Page No.2 of 6
5. Considering the nature of allegations; the fact that the petitioner has no bad antecedents; and that custodial interrogation of the petitioner is not required for the purpose of investigation, this court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on gis appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Vaniyambadi, Tirupattur District, on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000 (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Page No.3 of 6
Aadhar card or Bank pass book to ensure their identity.
[b] the petitioner shall report before the respondent police daily at 10:30 a.m.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner shall not abscond either during investigation or trial.
[e] On breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/ Trial Court himself as laid down by the Hon'ble Supreem Court in "P.K.Shaji -vs- State of Kerala" reported in Page No.4 of 6
(2005) AIR SCW 5560.
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
21.03.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No skr To
1. The Inspector of Police, Vaniyambadi Taluk Police Station, Vaniyambadi, Tirupattur
2. The Public Prosecutor, Madras High Court, Chennai.
3. Judicial Magistrate, Vaniyambadi, Tirupattur District Page No.5 of 6
SUNDER MOHAN, J.
skr 21.03.2025 Page No.6 of 6